LEGAL FRAMEWORK FOR INTERNATIONAL TRADE IN FAUNA & FLORA

1. POLICY AND LAWS CONCERNING CITES IN INDIA

International trade in all wild fauna and flora in general, and the species covered under CITES in particular, is
regulated jointly through the provisions of, the Foreign Trade (Development Regulation) Act 1992, the Foreign
Trade Policy of Government of India and Customs Act, 1962 and the Wild Life (Protection) Act 1972 is main
legislation to protect the Wild Life in India. The Director of Wild Life Preservation, Government of India is the
Management Authority for CITES in India.

1.1 Wild Life (Protection) Act, 1972

Hunting of wild animals has been prohibited under Sec. 9 of the Wild Life (P) Act, 1972. No person is allowed to
hunt any wild animal specified in Schedule I, II, III and IV except as provided under sections 11 and 12 of the
Act. The Act also prohibits under section 17A, the collection or the trade in specified plants (whether alive or
dead or part or derivative) i.e. those listed in Schedule VI of the Act, from any forest land and any area specified
by notification by the Central Government. The Schedule VI of the Act lists all the six plants of Indian origin
included in CITES appendices. Trade in Scheduled animals / animal article i.e. animals/animal articles covered
under Schedule I and Part II of Schedule II which also include some inverterbrate such as insects, corals,
molluscs and sea cucumber are prohibited under the said Act. Similarly, the Act disallows trade in all kinds of
imported ivory, including that of African elephant. Export or import of wild animals and their parts and products
is, however, allowed for the purpose of scientific research and exchange of animals between Zoos and is
subject to licensing by the Director General of Foreign Trade (DGFT), Government of India. The Act has been
amended in 2006 leading to the establishment of the National Tiger Conservation Authority and the Wildlife
Crime Control Bureau (WCCB) with a statutory backing.

1.2 Foreign trade (Development and Regulation) Act 1992

This Act replaces the earlier Imports and Exports (Control) Act, 1947. The Foreign Trade Policy incorporating
the export and import policy is formulated and announced by the Central Govt. under section 5 of this Act. As
per section 8 (1) no export or import shall be made except in accordance with the provisions of this Act, the
rules and orders made there under. As per section 3(1) the Central Govt. makes provisions for the development
and regulation of foreign trade by facilitating imports and exports. As per section 3(2) the Central Govt. may
also by order published in the official gazette, make provision for prohibiting, restricting or otherwise regulating
in all cases or in specified classes of cases and subject to such exceptions, if any, as may be made by or
under the order the import or export of goods. As per section 3(3) all goods to which any order under sub -
section (2) applies shall be deemed to be goods the import or export of which has been prohibited under
section 11 of the Customs Act, 1962, and all the provisions of that Act shall have effect accordingly.

1.3 Foreign Trade Policy

Foreign Trade Policy announced periodically by the Ministry of Commerce contains, inter alia, information
regarding the Wildlife and Wildlife products which are either prohibited or permitted for the purpose of import or
export. It also contains the conditions (which include compliance with CITES) governing import and export of
permissible species of Wildlife and Wildlife products. The policy is decided in consultation with the Management
Authority for CITES in India as far as matter relating to wild fauna and flora are concerned and is enforced
through the Customs Act, 1962. The Foreign Trade Policy is brought out under the provisions of the Foreign
Trade (Development & Regulation) Act 1992, and it regulates the import and export of all goods including Wild
Life. The Foreign Trade Policy of the Ministry of Commerce and Industry is available on DGFT website :
http://dgft.delhi.nic.in

1.3.1 Import policy

Import of animals and their parts and products for zoological parks and circuses or for research purpose may be
permitted subject to the provisions of CITES and on recomendations of the Chief Wild Life Warden of the States
and Union Territories under license from DGFT. Import of plants is also subject to the provisions of CITES. The
current policy does not permit commercial import of African ivory in view of the ban imposed by CITES. Import
of other derivatives of Wild Life is restricted and can be made only with prior permission of DGFT, subject to the
conditions prescribed. Import of wild animals as pets in the personal baggage of a passenger is also subject to
the provisions of CITES in accordance with the Ministry of Commerce’s Public Notice No. 27ITC (PN) 180.
dated 15.7.80.
 1.3.2 Exportt Policy

The Exp port Policy pe ermits re-exp port of commo odities excep pt to the exte ent such expo orts are regulated by any
other prrovisions of thhis Policy or any other law w for the time e being in forrce. Items pro ohibited for exxport are not
permitte
ed to be carrie ed in the perssonal baggage e also.. It is w
worth mention ning that all fo
orms of Wild Life
L including
their parrts and products are prohib bited for expo
ort except in cases
c where it is specifically allowed un nder differentt
parts of ITC (HS) cla assification off Export & Immport items. Peacock
P tail fe
eathers which h were earlieer allowed forr
Export under
u a limited ceiling are now prohibite ed for export. Export of exo otic birds exccept 6 speciess listed underr
Table ‘B
B’ of Schedule e 2 is also proohibited at pre
esent. Furtherr the Ministry of Commerce e vide public notice no. 47
(PN) 92-97 dt. 30-3-9 94 had prohib bited the expoorts of a num mber of plantss, plant portio ons and their derivatives iff
obtainedd, from wild. This
T list has been
b amended d from time to o time.

1.3.3 Condittions for Imp

port & Exportt of Flora & Fauna
F and th
heir derivativ
ves:

Two essential conditions gove

erning the im
mport and exp
port of Flora
a & Fauna and their deriv
vatives are:
(i) Comp
pliance with the provisio
ons of CITES and the Wild
d Life (Prote
ection) Act, 1972:

CITES iss an Internatiional Convention for regulating the Inteernational Traade in endang gered speciess of wild flora
& fauna. The convention was sign ned on 3rd Ma arch 1973. Inddia is a signa
atory to the Co
onvention andd in India the
provision
n of the CITTES is enforcced through the t Customs Act 1962. T The Regionall Deputy Dire ectors of the
Wildlife Crime Control Bureau (WCCB)
( loca
ated at Mum mbai, Chenna ai, Kolkata & New Delhii have been
designatted as CITES S Assistant Management
M Authorities and
a have beeen empowere ed to issue CITES export,
import & re-export peermits to regu
ulate the inteernational trad
de of the spe ecies which are included inn the CITES.
The Reg gional Deputyy Directors also assist thee Customs Department in pre/post ship pment examination of the
consignmments propos sed to be exp
ported /importe ed to/from Inddia.

The spe ecies of flora

a & fauna which
w are inccluded in thee CITES havve been cate egorized into Appendix-1,
Appendiix-2 and Appe quirements for their import and export into and from
endix-3, having different regulatory req
India. The details off the text of the
t conventioon, the regulaatory requiremments, the notifications isssued by the
CITES ssecretariat to
o different parties, decisioon taken by the
t parties, n
notification regarding tradee regulations
including
g trade suspeensions etc. are
a available on o the CITES S web-site: wwww.cites.org.

The trade of the wild animmals as defineed in the Wild 72, is generally prohibited
d Life Protecction Act, 197
except as
a provided in i the Act itsself. Necessa
ary stipulation
ns have acco ordingly been inserted in tthe Export &
Import PPolicy of thee Govt. of In ndia to regulate/prohibit the trade off such wild animals.
a Thee Ministry off
Environmment Forest & Climate Change also issues notifica ations/guidelines from tim
me to time to regulate the
trade of flora & fauna
a.

A already sta
As ated above, C CITES permitts are require
ed for import, export, re-eexport of conssignments off
flora & ffauna and their derivativees which are included in the CITES. Such
S CITES permits
p are isssued by the
Regiona al Deputy Dirrectors of Wildlife Crime Control
C Bureau (WCCB) located at Chennai, Mum mbai, Delhi &
Kolkata.. The applicattion format fo
or obtaining CITES
C Permitt, contact deta
ails of the concerned Reggional Deputy
Directorss, CITES F.A.Q.,
F relate
ed advisoriess and circulars etc. are e available on o the WCC CB web-site
http://wcccb.gov.in.

(ii) Pre/Post ship

pment inspec
ction of expo
ort/ import co
onsignment by
b CITES As
ssistant Mana
agement
Authority:
A

The Reg gional Deputyy Directors off WCCB are designated

d as Assistant CITES
C Manag gement Autho orities. These
offices a
assist and ad dvise the Customs authoritties in inspecction of consig gnments of fllora and faun na as per the
provisionns of Wild Liffe Protection Act, 1972, CITES and EX XIM Policy govverning such an item. Acccordingly, the
Customss authorities refer
r consignments of floraa & fauna to tthe Assistant Managementt Authorities ffor inspection
and verrification of the species which
w are prroposed to beb exported or imported. Such consig gnments are
inspecteed by the officcial of WCCB S – Regional Offices eith
B Regional / Sub her by visiting
g the Custom ms ports or by
examinin ng sealed saamples sent by b Customs authorities
a to these officess. . The Regio onal offices of
o the Bureau
are loca
ated at Mumb bai, Chennai, Kolkata & Ne ew Delhi; andd the Sub – R Regional Offic ces are at Koochi, Amritsarr
and Guw wahati. If afte
er inspection it is found tha
at the species which is prroposed to be e traded is noot included in
the Wildd Life Protecction Act 197 72 and/or in the CITES, No Objection n Certificate is issued in favor of the
concerned importer/e exporter. The e application format for obbtaining No Objection
O Cerrtificate is ava
ailable in the
WCCB w web-site http:://wccb.gov.in under the heeading CITES S.

1.4. Custom
ms Act, 1962

Section 3(3) of the Foreign

F Tradee (Developmeent and Regulation) Act 1992,
1 provide
es that all items (including
g
wild Fau
una & Flora) ccovered in the
e Import & Ex
xport policy w
will be deemed
d to be covere
ed under Secction 11 of thee
2. QUARANTINE REGULATIONS
The Livestock Importation Act 1898 empowers the Central Government to regulate, restrict or prohibit the import
into India or any specified place therein, of any livestock which may be liable to be affected by infectious or
contagious disorders. The Central Government has notified poultry, parrots, pigeons, canaries and finches as
livestock for the purpose of the said Act. The Foreign Trade (Development and Regulations) Act 1992 also
empowers the Central Government to regulate import and export of birds and animals with a view to control
the spread of communicable diseases. The Ministry of Agriculture has appointed Animal Quarantine officers at
Delhi, Mumbai Chennai and Kolkata to verify the health of animals and birds before export and after import and
to issue Quarantine Clearance Certificates. The Animal Quarantine Officer may, if needed, cause for the
detention of any animal or bird to be imported at a quarantine station for observation and prevent the entry of
such birds and animals as are diseased. The import of plants is also regulated under the provisions of the
Destructive Insects and Pests Act, 1914, and the notifications issued there under i.e. the Plant Quarantine
(Regulation of Import into India ) Order 2003. All imported plant consignments should be accompanied by :

(i) The import permit issued by the Issuing Authority is listed in schedule X of the Plant Quarantine (Regulation
of Import into India) Order-2003 for the Jurisdiction specified.

(ii) The official Phyto-Sanitary Certificate from the country of origin with an additional declaration, wherever
specified. All imported materials are inspected and, if necessary, fumigated or otherwise disinfected at the port
of entry by the Plant Quarantine Officer.

As per section 3(14) of the aforesaid order, all consignment of seeds and plants for propagation and regulated
articles such as live insects, microbial cultures, bio-control agents and soil shall only be imported into India
through regional plant quarantine stations of Amritsar, Chennai, Kolkata, Mumbai or New Delhi or through any
other points of entry as may be notified from time to time for this purpose, provided that no import of
germplasm/transgenic plant material and genetically modified organisms shall be permitted through New Delhi
Airport.

As per section 6(1), no consignment of germplasm/transgenics/Genetically Modified Organisms(GMOs) shall be

imported into India for research/experimental purpose without valid permit issued by the Director, National
Bureau of Plant Genetic Resources, New Delhi-110012.

3. MANAGEMENT AUTHORITIES-CITES:
India is a signatory to CITES since 1976. The Additional Director General (Wild Life) cum Director, Wild Life
Preservation, MoEF&CC, Govt. of India is the Management Authority, CITES in India. There are 4 functional
Assistant Management Authorities (AMA-CITES) working on behalf of MA-CITES at Delhi, Kolkata,Chennai and
Mumbai. Regional Deputy Directors of WCCB at these locations are designated as AMA – CITES.

3.1 Scientific Authorities

Following are the Scientific Authorities to deal with the CITES related matter in the country.

(i) Director, Zoological Survey of India, Kolkata (West Bengal)

(ii) Director, Botanical Survey of India, Kolkata (West Bengal)

(iii) Director, Central Marine Fisheries Research Institute, Cochin (Kerala)

(iv) Director, Wild Life Institute of India, Dehradun (Uttarakhand)

(v) Director, Institute of Forest Genetics and Tree Breeding (IFGTB), Coimbatore.

3.2 ENFORCEMENT

3.2.1 Wildlife Crime Control Bureau (WCCB) has been established in the year 2007, under the Ministry of
Environment, Forests and Climate Change, Government of India, as a statutory multi – disciplinary body under
section 38 Y of the Wild Life Protection Act, 1972, to combat organized Wildlife Crime in the country. The
Headquarters of the Bureau is situated at New Delhi. Consequent to its establishment, the erstwhile Regional
Wild Life Preservation offices have been designated as Regional Offices of the Bureau. These offices are
located at New Delhi, Kolkata, Mumbai and Chennai. The Bureau has one more Regional Office at Jabalpur,
Madhya Pradesh. Wildlife Crime Control Bureau is designated nodal agency for CITES related enforcement in
the country. The Bureau is mandated with the following powers and functions under section 38 Z, of the Wild
Life Protection Act, 1972:
38 Z (1) Subject to the provisions of this Act, the Wildlife Crime Control Bureau shall take measures with
respect to –

(i) Collect and collate intelligence related to organized Wildlife Crimeactivities and to disseminate the same
to State and other enforcement agencies for immediate action so as to apprehend the criminals and to
establish a centralized Wildlife Crime databank;
(ii) Co-ordination of actions by various officers, State Governments and other authorities in connection with
the enforcement of the provisions of this Act, either or through regional and border units set up by the
Bureau;
(iii) Implementation of obligations under the various International Conventions and protocols that are inforce
at present or which may be ratified or acceded to by India in future;
(iv) Assistance to concerned authorities in foreign countires and concerned International organizations to
facilitate co-ordination and universal action for Wildlife Crimecontrol;
(v) Develop infrastructure and capacity building for scientific and professional investigation into Wild Life
crimes and assists State Government to ensure success in prosecutions related to Wild Life crimes;
(vi) Advice the Government of India on issues relating to Wild Life crimes having national and international
ramifications, and suggest changes required in relevant policies and laws from time to time;

(2) The Wildlife Crime Control Bureau shall exercise –

(i) Such powers as may be delegated to it under sub-section (1) of section 5, sub-section (1) & (8) of section
50 and section 55 of this Act ; and

(ii) Such other powers as may be prescribed.

4. Nodal Officer for queries related to CITES and Wild Life Protection Act 1972 :

For any query/doubt related to applicability of CITES and Wild Life Protection Act 1972 with respect to import &
export of fauna and flora consignemnts , the following nodal officer may be contacted for advice/ opinion :

Assistant Director (CITES)

Wildlife CrimeControl Bureau

2nd Floor, Trikoot-1

Bhikaji Cama Place Tel: +91 (11) 26 18 24 84 / adadm@wccb.gov.in

(Opinion tendered /advice given by nodal officer is for the guidance purpose only and has no legal binding on
any enforcement authority)
 OR
RGANISATIO
ON AND ENFO
ORCEMENT

MANAGEMENT AUTH
HORITY

Addl. Director Ge
eneral of Fore
ests and Director, Wildlife Preservation
n,
y of Environm
Ministry ment , Forests
s & Climate Change,
C Government of In ndia.

Tel: 011-2
24695416
Fax: 011--24695417
E-mail: adgwl-mef@n
a nic.in

Assistant Mana
agement Autthorities

1. De
eputy Directo
or, Wildlife Crime
C Contro
ol Bureau (No
orthern Regiion), New De
elhi.
Ju
urisdiction: All Wild Life ite
ems originating from the States/Union Territories of
o Uttar Prade
esh,
Utttaranchal, Punjab, Harya ana, Jammu & Kashmir, Chandigarh,
C D
Delhi, Himachhal Pradesh and
Raajasthan.

2. eputy Directo
De or, Wildlife Crime
C Contro
ol Bureau (So
outhern Region), Chenna
ai.
Ju
urisdiction: All Wild Life ite
ems originatin
ng from the States/Union
S Territories off Tamil Nadu,,
Kaarnataka, And dhra Pradesh h, Kerala, Po akshadweep and Andama
ondicherry, La an & Nicobarr
Islands.

3. eputy Directo
De or, Wildlife CrimeContro
C l Bureau(Eas
stern Region
n), Kolkata.

Ju
urisdiction: Alll Wild Life item
ms originating
g from the Sta
ates/Union Teerritories of West
W Bengal,
As
ssam, Nagala and, Meghalaya, Arunacha al Pradesh, Siikkim, Jharkhand, Bihar, Tripura,
T
Mizoram, Manipur and Orisssa.

4. De
eputy Directo
or, Wildlife Crime
C Contro
ol Bureau (W
Western Regio
on), Mumbai.

Ju
urisdiction: All Wild Life ite
ems originating from the Sttates/Union T
Territories of M
Maharashtra,
Gujarat, Madhyya Pradesh, Chhattisgarh,
C Goa, Dadra and
a Nagar Ha aveli.

ENFORCE EMENT AUTH

HORITY
Nodal Agen
ncy

Additionaal Director,
Wildlife C
Crime Contro ol Bureau
2nd Floor, Trikoot-1
Bhikaji Cama
C Place Tel: +91 (1
11) 26 18 24 84
8
NEW DEH HLI - 110 0666 Fax: +91 (11)
( 26 16 07 51
E-mail: adddldir-wccb@@gov.in